Getting sued after filing chapter 7

[tianh2002]

Hello everyone

I was just got sued by Chase today. I file chapter 7 on Feb 8 2010. And I believed they start suing me on Feb 9. Even though I included the original creditors and the collection agency on my schedule F and matrix, I still got sued?
What should I do now? Should I answer their summons? Or just send them my bankruptcy notice filing?

Please help me. I am so nervous right now.
Thanks

[ryan]

I'm finding if I Google the phrase " Got sued by Chase today" it usually brings up about ten gazillion page results ....(lol) The experts on here will know what to do, don't worry.

[mtbc]

I am not a lawyer, nor do I have relevant first-hand experience, but I can at least say I'm pretty sure that you shouldn't worry. They probably just didn't get and react to the notification of the bankruptcy before they sued. Personally, I'd provide their lawyer with a copy of the notification that you filed, the one the court sends out to everyone when you file. Or, at the very least, tell them the district and case number so they can look it up themselves. I wonder if there's some way to answer the summons too to tell the court that you filed and that the suit shouldn't proceed.

[tigergem]

Did you file your bankruptcy pro se or use an attorney? If you used an attorney, you should give him/her a copy of the summons. If you filed BK one day before they filed suit, they probably had not received notice of your bankruptcy yet, even by BNC. If they received notice in the meantime, they might have already withdrawn the suit, but you should call the courthouse and ask, because you still might have to file a response to have it dismissed. If you have an attorney for your bankruptcy, he or she will know what the proper course of action is.

[tianh2002]

I'm filing Pro Se for Chapter 7. I have searched this forum and the website many times, and I couldn't find the proper way to notify my civil court about my bankruptcy. Should I just bring the bankruptcy notice of filing along with my answer to the summon and file with the clerk? I thought that once I file chapter 7, all of the collection and suing activities should be stopped.

Please help me out

[tigergem]

You need to respond to the summons with Notice of Appearance, Answer, and Certificate of Service. Normally in your Answer, you would respond to all paragraphs listed in the complaint you received when you were served. You should either affirm, deny, or lack knowledge about each paragraph. Your answer should also reference your bankruptcy filing and automatic stay, and probably provide a copy of the file stamped petition.

[LSUTiger32]

Yeah I would assume they crossed in the mail. I would also contact the attorney that is suing and inform him/her as well.

[AngelinaCatHub]

You need to respond to the summons with Notice of Appearance, Answer, and Certificate of Service. Normally in your Answer, you would respond to all paragraphs listed in the complaint you received when you were served. You should either affirm, deny, or lack knowledge about each paragraph. Your answer should also reference your bankruptcy filing and automatic stay, and probably provide a copy of the file stamped petition.

This is true but not at this stage and not necessary yet. The item is called "A suggestion of Bankruptcy" in their docket. All action will stop. File with the Court House a copy of your document and Matrix showing them as a listed creditor. The Judge reviews all cases and even if they did not get the word, the case will either be "tolled" (stopped) or dismissed as your bk preceded their action. It is nothing to worry about and they cannot get a valid Judgment even if you ignore it.

If it makes you feel better, answer the complaint, but I will wager you will get a Court Paper soon after you file the "suggestion of bankruptcy" stating that the case has been set aside. (negated) 'Hub

[tigergem]

This is true but not at this stage and not necessary yet. The item is called "A suggestion of Bankruptcy" in their docket. All action will stop. File with the Court House a copy of your document and Matrix showing them as a listed creditor. The Judge reviews all cases and even if they did not get the word, the case will either be "tolled" (stopped) or dismissed as your bk preceded their action. It is nothing to worry about and they cannot get a valid Judgment even if you ignore it.

If it makes you feel better, answer the complaint, but I will wager you will get a Court Paper soon after you file the "suggestion of bankruptcy" stating that the case has been set aside. (negated) 'Hub

Yeah, unless he is in a district that is not friendly to pro se filers. I suggested he answer to better safe than sorry.

[Bell30656]

Even if you had filed bankruptcy AFTER the suit was filed it would still be dismissed. You need to simply answer the summons within the prescribed period and include a copy of your bankruptcy. File it with the clerk of court and send a copy to the plaintiff. Once you file that copy with the clerk of court it becomes part of your cases documentation and it will be really hard for the plaintiff to say that they were unaware of it.

I don't think that Chase was out to sue you because you were filing, one day after you filed CH7 wasn't time enough for them to find out about it. I'm sure they would have loved to save the filing fees and attorney fees.

[music12]

i'm with 'hub: you don't need an answer, notice of appearance, and all that heavy stuff. all you need is a printout of your notice of filing from the bk court. take that to the court where you are being sued, or even fax it over after talking to a clerk. once they know about the bk they end the case. it shouldn't matter that you are pro se for this - they won't have a choice. and it shouldn't even get to a judge - the clerk will end the case right away.

and so will chase's attorney, if you fax him a copy of the same document.

bottom line: all you do is notify them (perhaps again) that you filed, and you've got nothing to worry about.

[chassm]

If you filed with an attorney, he/she should handle this for you it's part of their service to you. You should not be sued while filing bankruptcy. If you're filing alone... sorry but you're going to have to battle it with them, they will eventually leave you alone but you'll have to deal with their snake lawyers who will try and trick you into thinking that bankruptcy or not you're still responsible.

[Bell30656]

Chassm, Chase filed suit one day after the OP filed. We all know that the US Mail isn't that quick. Chase was completely within their rights to file suit. A creditor can file suit right up until the time that they know you have filed by having received a copy of the petition from the court. One day after filing? Not likely.

[ROB37LAW]

Hello everyone

I was just got sued by Chase today. I file chapter 7 on Feb 8 2010. And I believed they start suing me on Feb 9. Even though I included the original creditors and the collection agency on my schedule F and matrix, I still got sued?
What should I do now? Should I answer their summons? Or just send them my bankruptcy notice filing?

Please help me. I am so nervous right now.
Thanks

If they sued you the day after you filed, don't sweat it. They just weren't notified by the bankruptcy court that you had filed bankruptcy. It doesn't happen over night.